James Romesburg

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Thesis Statement.
the government during war has an overwhelming amount of power because; the executive branch can issue an order of attack without consent from any other branch of government.
congress has too much power during war because they have the power to withdrawal troops from a foreign country at anytime if the president has not notified the congress of the military action taken. The acts that caused this were acts such as the War Powers Act of 1941 and 1942, and The War Powers Resolution Act of 1973. as well as other declarations and amendments to the constitution.







powers of the government during war.

War Powers Act of 1941
  1. increased powers of the U.S. executive branch(president)
  2. act gave president power to execute World War 2 in an effective manner.
  3. authorized to reorganize the executive branch, independent government agencies, and government corporations for war effort.
  4. the president is allowed to sensor mail and other communications between the U.S. and foreign countries.
Second war powers act 1942
  1. allowed acquisition, under condemnation if necessary , of land for military or naval use.
  2. repealed the confidentiality of census act, allowing FBI to use this information to round up Japanese-Americans
War Powers Resolution act of 1973
  1. intended to check the power of the president in committing the United States to an armed conflict without the consensus of congress.
  2. adopted in the form of a United States Joint resolution
  3. the President can send U.S. armed forces into action abroad.
  4. authorization of congress is needed or in case of "a national emergency created by an attack upon the United States, its territories or possessions, or its armed forces."
  5. president must notify congress within 48 hours of committing armed forces to military action.
  6. forbids armed forces from remaining for more then 60 days, with a 30 day withdrawal period, without a authorization of military forces or a declaration of war.
  7. war powers act disregarded in 1999 by president Clinton, during bombing campaign in kosovo.
  8. was also disregarded again by President Obama in 2011, when he did not seek congressional approval and enforced the U.N. to establish a no-fly zone over Libya
  9. all presidents since 1973 have declared belief that the act is unconstitutional.
Declaration of war.
  1. formal act by which one nation goes to war with another.
  2. declaration is a performative speech act(or signing or a document) by an authorized party of national government in order to create a state of war between to or more states.
  3. legality to declare war differs between countries, nations, and governments
  4. many nations power is given to the head of state or sovereign.
  5. in other nations something short or a declaration of war, such as a letter of marque or a covert operation, may authorize war-like acts by privateers or mercenaries.
  6. United Nations Charter, prohibits both the threat and use of force in international conflicts.
  7. congress, which makes the rules for the military, has the power under the constitution to "declare war." however neither the U.S. constitution nor the the law stipulate what format a declaration of war must take.
Types of Declarations(Declaration of war subsection)
  1. Conditional Declaration: declares war conditionally, threatening war if the grievances listed are not acknowledged or the preferred remedies demanded are not accepted.
  2. Absolute Declaration: declares war absolutely due to the failure of negotiations over the grievances and remedies found in the Conditional Declaration. ends the state and condition of peace and places the state and condition of war.
Degree of justification of war(Declaration of war subsection 2)
  1. Reasoned Declaration: war justifies the resort to war by stating the grievances that have made peace intolerable and the remedies that will restore peace
  2. Unreasoned Declaration: Does not justify the resort to war, or does so minimally.